Claimant v Dhaliwal Restaurants Limited

The tribunal found the respondent failed to pay the claimant for 4.5 days of annual leave accrued but not taken on termination. The respondent admitted this failure. The claimant was entitled to 5.6 weeks annual leave per year under the Working Time Regulations 1998, and the failure to pay constituted an unlawful deduction from wages under section 13 Employment Rights Act 1996.

The tribunal found the respondent failed to provide written itemised pay statements during employment as required by section 8 Employment Rights Act 1996. The respondent made unnotified deductions totalling £125.18 for tax and national insurance in April and May 2024. Under section 12(4), the tribunal ordered payment of the aggregate unnotified deductions.

The tribunal found the respondent breached its duty under section 1 Employment Rights Act 1996 to provide written statement of employment particulars when the claimant began employment on 28 March 2024. This was not rectified by the time proceedings began. Under section 38 Employment Act 2002, the tribunal awarded the minimum amount of two weeks' pay, finding no exceptional circumstances to make such an award unjust or inequitable.